Can Police Search My Car?
Being stopped by law enforcement is never a fun experience. Whether you have been pulled over for a traffic violation, are under suspicion of being involved in a crime, or are stopped by police in or around your vehicle for any reason, it is important to understand not only your rights, but also the rights of law enforcement and what they are able to do.
The short answer to whether police can search your vehicle is yes. During traffic stops, police do not need a search warrant to investigate your vehicle. This is because motorists in cars have less of an expectation of privacy than if they were in their homes, and because courts have ruled that cars are mobile and can be used in the commission of crimes.
Here are a few examples of when police can search your vehicle:
- Warrant – Law enforcement officers have a valid search warrant.
- Consent – You gave an officer permission to search your vehicle.
- Probable cause – Even though police may not need a warrant to search your vehicle, they still need probable cause, or a reasonable justification to believe that you have committed a crime, or are involved in a crime.
- You’ve been detained – If you have been detained, but not arrested, law enforcement can conduct a limited search of your vehicle for their own safety. Typically, this is used to check for weapons.
- Your vehicle was impounded – If your vehicle was impounded, law enforcement can take inventory of the car under standard policy procedures to protect your property, but not as part of a criminal investigation.
Your Fourth Amendment right protects you from unlawful search and seizure, and requires law enforcement to have a justifiable reason for searching your vehicle. If an officer were to search your vehicle without probable cause, and you are able to prove this, any evidence they obtain through the unlawful search would be considered inadmissible. This can be a substantial victory in defending against criminal charges, as key evidence may no longer be used against you by the government, and cases can often be dismissed.
It is important to remember that because you have the Constitutional right against unjustifiable searches, police will need either a warrant, probable cause, or your consent in order to search your vehicle. As such, you should exercise your right to refuse a search, just as you should exercise your right to remain silent and request a lawyer. However, keep in mind that there may be times when searches are allowed, such as when you pass through a border crossing or a secure facility such as a military base. If a law enforcement decides to search your vehicle, even though you have refused, do not attempt to stop them. You can work with an attorney after the fact to determine if the search was justified.
Regardless of whether or not your vehicle was searched, it is critical that you speak with a proven attorney after being charged with a crime. Our Reno criminal defense lawyers at Joey Gilbert Law draw from decades of combined experience to thoroughly investigate the circumstances surrounding your arrest, including whether any searches took place and whether officers had probable cause or a valid basis to conduct that search. These investigations, as well as defense strategy, are crucial to helping you pursue the most favorable outcome possible – whether that means a dismissal or charges, reduced charges, or mitigated exposed to penalties.
To learn more about your rights following an arrest in Reno, Sparks or any of the surrounding areas of Nevada, do not hesitate to reach out for the immediate help you need. Joey Gilbert Law is available 24/7 to take you call, and we offer FREE and confidential consultation. Contact us today to get started.